System And Method For Facilitating Unified Trading And Control For A Sponsoring Organization&#39;s Money Management Process

ABSTRACT

An embodiment of the present invention provides a system, method, process, software and standards that enable a unified trading and control process utilized by sponsoring organizations and asset managers (money managers) for sub advised or externally managed investment portfolios as to increase control over the trading process by a sponsoring organization, enhance regulatory compliance, substantially lower trading costs and improve investment performance on a recurring basis for the shareholders and beneficiaries investing in registered and non registered mutual funds and institutional investment portfolios.

This application is a continuation of U.S. application Ser. No.14/082,747, filed Nov. 18, 2013, which is a continuation of U.S.application Ser. No. 13/625,467, filed Sep. 24, 2012, now U.S. Pat. No.8,600,866, which is a continuation of U.S. application Ser. No.13/118,904, filed May 31, 2011, now U.S. Pat. No. 8,285,634, which is acontinuation of U.S. application Ser. No. 13/020,121, filed Feb. 3,2011, now U.S. Pat. No. 8,180,699, which is a continuation of U.S.application Ser. No. 12/700,218, filed Feb. 4, 2010, now U.S. Pat. No.7,912,783, which is a continuation of U.S. application Ser. No.11/783,690, filed Apr. 11, 2007, now U.S. Pat. No. 7,685,057, whichclaims the benefit of U.S. Provisional Application No. 60/791,209, filedApr. 12, 2006, and U.S. Provisional Application No. 60/899,393, filedFeb. 5, 2007, all of which are herein incorporated by reference in theirentirety.

BACKGROUND Field of the Invention

The present invention relates to the management and trading ofinvestment portfolios and, in particular, to a system, method, process,software and standards for facilitating a sponsoring organization'sunified trading and control of a money management process.

More particularly, an embodiment of the present invention provides asystem (e.g., a hosted application), method (organization of activity),process (division of responsibilities), software (computer basedsystems), and standards (systems, connectivity and protocols) supportinga real-time process inclusive of computer interfaces, order entry,compliance analysis, market impact analysis, order routing discretion,execution cost and quality analysis, trade processing, communicationsengines, communications networks, and communications protocols thatfacilitate centralized portfolio management, directed brokerage control,and direct and automated compliance monitoring, and creates substantialand recurring savings for shareholders in mutual funds and beneficiariesin institutional investment accounts such as pension plans. This system(referred to as the unified trading and control system), method,process, software, and standards are applicable to registered mutualfunds, non-registered mutual funds, and institutional investmentportfolios and could be, for example, utilized by: (1) insurancecompanies with single or multi-manager sub advised variable insurance,mutual fund, and defined contribution portfolios; (2) mutual fundcompanies utilizing sub advisors for managing their mutual fundofferings, education funding, and defined contribution portfolios; (3)defined benefit plan pension funds, trusts, and endowments that utilizeexternally managed or unaffiliated money management services; (4) largecompany investment portfolios and separate accounts of insurancecompanies that utilize outsourced or unaffiliated money managementservices for their institutional investment accounts; and (5)non-registered mutual funds such as hedge funds, group annuities, andcollective investment funds that utilize outsourced or unaffiliatedmoney management services.

DEFINITIONS

For purposes of describing the present invention, FIG. 1 listscomponents of the present invention and compares the correspondingterminology used in the investment products within the registered mutualfund, unregistered mutual fund, and institutional investment portfoliomarkets. FIG. 1 shows that similar structures and responsibilities invarious product categories have different names.

As used herein, the terms “advisor” and “board of trustees” in thecontext of registered and non registered mutual funds can be consideredthe equivalent of the “administrator” and “board of trustees” in thecontext of pension plan, endowment, or trust investment portfolios; theterm “sub advisor” in the context of registered and non registeredmutual funds can be considered the equivalent of a “money manager” or“externally managed” in the context of pension plan, endowment, or trustinvestment portfolios; and the term “sub account” in the context of avariable insurance product can be considered equivalent to a “mutualfund” in a defined contribution plan (such as a 401(k) product) and apension plan's “account” with a money manager. In addition, the retailinvestors (for example, the individual persons whose personal accountsaggregate and are commingled into the assets comprising a fund'sinvestment portfolio) are referred to as “shareholders” in registeredand unregistered mutual funds and as “beneficiaries” in institutionalaccounts, pension plans, etc. It is important to note that the advisoror administrator and associated board of trustees (boards) have afiduciary responsibility to the shareholders and beneficiaries toproperly control (minimize) fund and plan operating expenses, as theseexpenses reduce the returns (performance) of the investment portfoliosto these same fund shareholders and plan beneficiaries. The use hereinof any of these terms, as shown in FIG. 1, implies a similar underlyingmethod and process applicable across registered mutual funds,unregistered mutual funds, and institutional investment portfolios.

BACKGROUND OF THE INVENTION

“Sub advised” assets utilize asset management services from assetmanagers (also referred to as “sub advisors” or “money managers”) thatare external or unaffiliated with the organization that is responsiblefor sponsoring the investment product, such as an insurance company,pension plan, or other financial institution. Many large and smallfinancial institutions outsource, in part or whole, the responsibilityof managing money for their investment portfolios to outsideorganizations in order to capitalize on the expertise of the assetmanagement organizations and to enable the financial institutions tofocus on their core competencies. The approximate assets in theinvestment industry by various markets, along with their sub advisedassets, are summarized in Table 1 below.

TABLE 1 Investment Industry Assets Sub Advised/ Total ExternallyIndustry Date Assets Managed Source Variable December 2005 $1.3 TR $360BB NAVA, FRC Insurance Mutual Funds December 2005 $10.1 TR  $865 BB ICI,FRC Pension Plans December 2006 $4.7 TR  $3.6 TR P&I

As an illustration, insurance companies offering variable annuityproducts usually provide between thirty and sixty investment options(“sub accounts” or “funds”) to retail investors for purposes ofimplementing an investor's asset allocation strategy. These investmentoptions are similar to mutual funds in legal structure and operationsand are required by the SEC to register as mutual funds. An insurancecompany (functioning as the “advisor”) usually contracts with a numberof mutual fund companies or institutional asset management firms toprovide asset management services as a “sub advisor” (or asset manageror money manager) for these mutual fund-type investment options (called“sub accounts” in variable insurance products). A single mutual fundcompany or institutional asset management firm may sub advise (manage)between one and five of the thirty to sixty investment options availableto retail investors in a single variable insurance product (such as avariable annuity).

The sub advisor is paid according to an annual fee schedule based onassets in the fund or investment portfolio. The sub advisor is paid tomanage the assets (determine which securities to hold in the fund orportfolio and make related buy and sell trading decisions), but is notrequired to provide client service and administrative functions such asopening and closing client accounts, processing contributions andwithdrawals on behalf of clients, processing movement of funds betweensub accounts (as an investor buys and sells funds within the annuityproduct), handling calls and special service requests from clients,maintaining client addresses, providing tax reporting to clients, andprinting and mailing client statements. Thus, in a sub advisoryrelationship, the client service and administrative functions (includingextensive back office system processing required to support thesefunctions) are provided through the sponsoring organization (advisor)for the investment product, such as an insurance company, pension plan,or other financial institution (and not the sub advisor). A subadvisor's fee for managing the fund or account may vary with the type ofassets, the selected investment strategy, and the size of the investmentportfolio, but an annual fee of 0.50% (fifty basis points or one-half ofone percent) on assets is fairly common.

The trading of stocks and bonds by sub advisors in a sub advised fund orinvestment account is a complex process. The sub advisor (mutual fundcompany and/or money management firm) not only controls the selection ofthe stocks and bonds to buy and sell, but also controls where and howeach trade is executed (within regulatory requirements). Thus, the subadvisor utilizes “step out trades,” whereby the sub advisor (mutual fundcompany) executes the trades by directing them to their preferred tradeexecution brokers, who then “steps away” from any clearing andsettlement responsibility for these trades. Clearing and settlement ofthese trades, in turn, become the responsibility of the custody firm(such as State Street, Mellon/BONY/Pershing, or Schwab) selected by theinsurance company, pension plan, etc. to custody (hold) securities andcash for benefit of the fund or plan. Likewise, pension funds, certainmutual fund companies, hedge funds and other such entities and/orproducts as shown in FIG. 1 may also utilize a money managementstructure and trading process similar to a variable insurance product'ssub advised structure.

When trading securities, as a general process, asset managers (moneymanagers) often incur additional trading costs that are over and abovethe cost of the trade alone. For example, referring to FIG. 2, assetmanagers 201 (such as mutual fund companies or institutional assetmanagement firms) usually maintain a network of approximatelytwenty-five executing brokers 202 (including broker-dealers (such asMerrill Lynch, Morgan Stanley, or UBS Paine Webber), market makers (suchas Knight Capital or Schwab Capital Markets), exchanges (such as the NewYork Stock Exchange or NASDAQ), electronic communication networks (ECNs)(such as INET or TRAC), direct market access (DMA) vendors (such as LavaTrading, Sonic or UNX), and block trading systems (such as LiquidNet orPremier)).

Executing brokers 202 are often selected for the additional services(beyond executing the trade) that they can provide to the asset manager201 (mutual fund company or institutional asset manager). The cost ofthese additional goods and services from executing brokers 202 (such ascompany and market research, market data feeds, trade analytics, andsoftware) is added over and above the trade's cost of execution andresults in a higher trade cost than what would otherwise be incurred bythe fund or investment portfolio. Thus, a trade may have an executioncost of $0.01 (one cent) per share and have an additional $0.025 cents(two and one-half cents) per share added to result in a total executioncost of $0.035 (three and one-half cents) per share. Since many assetmanagers trade billions of shares per year, these additional few centsper share in trade costs cumulatively create a substantial pool ofrevenue for the asset manager. The costs for these additional servicesutilized by the asset managers 201 (referred to as “soft dollars”) arepaid for by the shareholders or beneficiaries through lower returns(lower performance) of their funds or accounts. This utilization of“soft dollars,” as illustrated in FIG. 2, is not only a long-standingindustry practice, but these additional trading costs are not included,for example, in the operating expenses of a mutual fund (such as aquoted 1.10% annual operating expense) that are disclosed in the fundprospectus. As such, a fund's trades are often directed to executingbrokers 202 as to maximize the benefits received by the mutual fundcompany or institutional asset manager 201.

An exemplary process 200 for trading by asset management firms, whichgenerates “soft dollars,” is shown in FIG. 2 and described below in thefollowing steps corresponding to the arrows and their adjacent referencenumerals shown in FIG. 2:

211) Asset management firm (or money manager or sub advisor) 201contracts with executing broker 202 for research.

212) The executing broker 202 sends the research to the asset management201.

213) The executing broker 202 presents the invoice to the assetmanagement firm 201 for confirmation.

214) The asset management firm 201 records the invoice into a softdollar administration system 203.

215) The asset management firm 201, through the soft dollaradministration system 203, derives the trade obligations for paying theinvoice.

216) The asset management firm 201 directs trades to the executingbroker 202 to generate sufficient commission volume to offset the costsassociated with the confirmed invoice.

217) The executing broker 202 reports the trade executions andassociated trading costs back to the asset management firm 201.

218) The asset management firm 201 updates the soft dollaradministration system 203.

219) The executing broker 202 confirms payment of the invoice to theasset management firm's soft dollar administration system 203.

The practice of adding to the cost of trading of securities to create“soft dollars” is also a common practice in sub advisory relationships,where money managers (asset managers) are hired (and paid an annual fee)to manage pools of assets that belong to external or unaffiliatedproducts or organizations. Furthermore, the sub advisory contracts withthe sponsoring organization usually contain a clause that eliminates anyrequirement that “soft dollar” costs incurred by a specific fund (andits shareholders or beneficiaries) benefit the fund or account payingthe additional “soft dollar” costs for their trades. As such, a subadvised fund or account can pay additional costs for services that donot even benefit the shareholders or beneficiaries paying the additional“soft dollar” expense.

In fact, most shareholders in mutual funds are not aware that a fund'strading costs are in addition to the fund's annual operating expense (asdisclosed in the prospectus) and, as such, serve to lower theperformance (return) of their funds. These same fund shareholders arealso usually not aware that the mutual fund companies and institutionalasset managers are using the additional “soft dollar” costs for tradesin their mutual funds as a vaguely disclosed and unaccountable pool ofcash to offset the money manager's operating expenses in order toincrease their corporate profits.

Overall, the current process utilized by sub advisors to direct tradesin order to generate “soft dollar” revenue is overly complex, expensiveto shareholders and beneficiaries, and requires that the sponsoringorganization (such as the insurance company) surrender control overorder execution cost, the selection of executing brokers, and pre-tradecompliance with regulatory requirements, even though the insurancecompany (as the sponsoring organization) retains primary regulatory(SEC) responsibility for the funds (as the advisor for regulatorypurposes) whose assets are being traded. In essence, the insurancecompany responsible for regulatory compliance is notified of the tradesonly after their execution, usually well after the close of the tradingday. Pension plans and other entities utilizing sub advised portfoliomanagement, in a manner similar to the insurance companies, employ asimilar structure and experience similar challenges.

FIG. 3 illustrates a current process 300 for trading by sub advisors 301(e.g., money managers) in a sponsoring organization's 304 (e.g.,insurance company) investment portfolios (sub accounts). Typically, thecomplex process shown in FIG. 3 occurs for each trade (usually ten totwenty trades per day per fund) in each of the thirty to sixtyinvestment portfolios (sub accounts) offered by a sponsoringorganization (such as a variable annuity product).

The process 300 in FIG. 3 works in the following steps corresponding tothe arrows and their adjacent reference numerals shown in FIG. 3:

310) The sub advisors 301 direct orders (trades) to their preferrednetwork of executing brokers 302 (shown as “Bs”) as a single buy or sellorder or may break up an order into smaller orders for execution amongseveral brokers. The motivation to break orders up among several brokerscan be driven by a sub advisor's desire to remain anonymous in themarket (as no single broker can discern the sub advisor's overallinvestment strategy), the specific strengths of each executing broker,and/or the desire to use the fund assets to generate soft dollars.

311) The executing broker(s) 302 execute (fill) the orders and the subadvisor 301 is notified electronically that the trade has been executedalong with the price per share. The data for each trade, such as numberof shares, price per share, total value, execution costs, and contrabroker, is transmitted through a number of electronic data repositories.

312) The executing broker(s) 302 also report the trade fill data to anumber of industry organizations and this data is transmitted to thecustodial firm 303 for the sponsoring organization's 304 assets.

313) After the close of trading, the custodial firm 303 for thesponsoring organization's 304 assets sends a file of the day's activityand holdings for each fund and investment portfolio to the sponsoringorganization 304.

314) In their overnight processing cycle 305, the sponsoringorganization 304 reconciles all activity and holdings for updatingaccount values and in preparation for the next day's trading activity.

These trades are usually executed at an average cost 3.00 cents to 3.50cents per share. The back office system, through the overnight batchprocessing cycle, will reconcile the trades, calculate updated portfolioaccount values or fund NAVs (Net Asset Values), and subsequently updatethe holdings and values for each client investing in their products. Aninsurance company (as advisor for regulatory purposes) may implementsome form of compliance review during the reconciliation process. Mostimportantly, the sponsoring organization 304 has little, if any, controlover the sub advisor's 301 choice of executing broker 202 and theassociated additional costs incurred by their funds or accounts throughthe use of soft dollars. Likewise, the sponsoring organization 304 hasno opportunity to review the trades for compliance with prospectus andregulatory requirements until hours after the close of the market or thenext day (when trade issues and errors are more expensive to address andcorrect). Overall, the current process was established decades ago whenthe sub advised industry was in its infancy and, despite its impressivecurrent assets, has never been restructured to recognize that the truebeneficiaries of this entire process should be the fund shareholders andplan beneficiaries whose hard earned dollars constitute the assets inthese investment portfolios.

BRIEF SUMMARY OF THE INVENTION

An embodiment of the present invention provides a system (e.g., referredto as the unified trading and control system), method, process,software, and standards that simplify the sub advisor (money manager)trading process, increase control over the trading process by asponsoring organization, and substantially lower trading costs on arecurring basis for the shareholders and beneficiaries investing in thefunds and investment portfolios. In particular, the present inventionprovides a superior trading and control method for the sub advisedindustry. The system, method, process, software, and standards of thepresent invention address a number of existing shortcomings in thecurrent trading and operational processes in the sub advised industry,resulting in substantially lower trading expenses on a recurring basis,improved performance, a more simplified operational model, and superiorcompliance oversight. The benefit of these lower trading expenses, byregulatory requirement, must pass directly to the fund shareholders(retail investors) in these funds and plan beneficiaries in the form oflower trading expenses. The lower trading expenses result in improvedinvestment performance for the funds and plans, thereby attractingadditional investments for the sponsoring organization. Furtherembodiments of the invention provide similar systems, methods,processes, software, and standards for the defined contribution market,529 plans, hedge funds, collective investments, deferred compensationplans, institutional accounts, separate accounts of insurance companies,defined benefit pension plans, endowments and trusts.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a table that defines the terminology utilized in a number ofinvestment industry products across numerous markets in registeredmutual funds, non-registered mutual funds, and institutional investmentportfolios.

FIG. 2 is a schematic diagram illustrating a prior art process fortrading by asset management firms (or money managers or sub advisors)that generates “soft dollars.”

FIG. 3 is a schematic diagram illustrating a conventional process fortrading by asset managers in sub advised investment portfolios.

FIG. 4 is a schematic diagram illustrating an exemplary process forfacilitating a sponsoring organization's money management process as thesponsoring organization receives trade orders from the sub advisor andselects the executing brokers, according to an embodiment of the presentinvention.

FIG. 5 is a schematic diagram illustrating an exemplary system andmethod for facilitating a sponsoring organization's money managementprocess utilizing a standard trading system, messaging engine,communications protocol, and communications network, according to anembodiment of the present invention.

FIG. 6 is a schematic diagram illustrating an alternative exemplarysystem and method for facilitating a sponsoring organization's moneymanagement process utilizing a standard messaging engine, communicationsprotocol, and communications network, according to an alternativeembodiment of the present invention.

FIG. 7 is a schematic diagram illustrating an exemplary order entrysystem and process, according to an embodiment of the present invention.

FIGS. 8A, 8B, and 8C illustrate exemplary logical rules in terms ofregulatory, prospectus, and board restrictions, and requirements for areal-time compliance engine, as implemented by an operating fund trust.

FIG. 9 is a schematic diagram illustrating the number and types ofrestrictions for a plurality of investment portfolios along with anexemplary computer process for implementing a compliance engine for aninvestment portfolio, according to an embodiment of the presentinvention.

FIG. 10 is a schematic diagram illustrating an exemplary ordermanagement system (OMS), according to an embodiment of the presentinvention.

FIG. 11 is a schematic diagram illustrating an exemplary high touch-lowtouch engine (HLE) system and process, according to an embodiment of thepresent invention.

FIG. 12 is a schematic diagram illustrating an exemplaryprice-cost-liquidity-quality engine, according to an embodiment of thepresent invention.

FIG. 13 is a schematic diagram illustrating exemplary component modulesof a trade reconciliation system, according to an embodiment of thepresent invention.

FIG. 14 is a table that compares and contrasts the responsibilities ofthe sub advisor according to the prior art and according to anembodiment of the system of the present invention along with acomparison of the overall impact of the present invention, according toan embodiment of the present invention.

FIG. 15 is a list of exemplary sponsoring organizations offeringvariable insurance products.

FIGS. 16A and 16B are a list of exemplary money management firms (mutualfund companies) that currently provide or potentially could provide subadvisory services to sponsoring organizations through registered mutualfunds, unregistered mutual funds, and institutional investment accounts.

FIG. 17 is a list of exemplary firms providing order management systems(OMS).

FIGS. 18A and 18B are a list of many exemplary executing broker firmsproviding trade execution services.

FIG. 19 is a schematic diagram illustrating an embodiment of the presentinvention in which a plurality of sponsoring organizations and aplurality of sub advisors (money managers) utilize a plurality of ordermanagement systems (OMSs) to execute orders with a plurality ofexecuting brokers.

FIG. 20 is a schematic diagram illustrating an embodiment of the presentinvention in which a sub advisor utilizes a plurality of manager ordermanagement systems to execute orders for a plurality of funds orinvestment portfolios with a plurality of executing brokers.

FIG. 21 is a schematic diagram illustrating an embodiment of the presentinvention in which a plurality of sponsoring organizations and aplurality of sub advisors (money managers) use a standard ordermanagement system, communications engine, communications protocol, andcommunications network to execute orders with a plurality of executingbrokers.

FIG. 22 is a schematic diagram illustrating a use case analysis of anexemplary implementation of a system, method, process, software, andstandards for facilitating the unified trading and control of asponsoring organization's money management process, according to anembodiment of the present invention.

FIG. 23 is a table providing a compilation of research demonstratingexemplary savings available to fund trusts (groups of funds) showing thename of the fund trust, the total assets of the fund trust, the currentexecution costs for trading (in cents per share), the annual turnoverrate for the trust, the effective (total) turnover rate for the trust,and the number of shares traded in 2005 by the trust. FIG. 23 also showsthe exemplary annual savings in millions of dollars and basis points(b.p.) of annual savings realized by the fund trust at execution costsof 1.00 cent per share. The data for this table was compiled fromdocuments filed by each fund trust with the SEC, including theprospectus, annual report, and statement of additional information.

FIGS. 24A, 24B, 24C, and 24D are tables providing a compilation ofresearch calculating exemplary annual savings for four popular fundtrusts (group of funds) and the individual funds (with their subadvisor) comprising the trust, showing the annual cost savings (at anexecution cost of 1.00 cent per share) both in dollars and percentages.FIGS. 24 A-D also show an exemplary beneficial effect of the annualcompounding of these recurring savings for a 1, 3, 5, and 10 yearperiod.

DETAILED DESCRIPTION OF THE INVENTION

An embodiment of the present invention provides a unified trading andcontrol system. FIG. 4 illustrates an exemplary sub advisor (moneymanager) trading process 400 according to an embodiment of the presentinvention. The following numbered steps correspond to the arrows andtheir associated reference numerals shown in FIG. 4.

410) The sub advisor 301 (or money manager) for each investmentportfolio provides the changes (buy and sell orders) in the sub advisedfund or investment portfolio to the sponsoring organization 304 (actingas the advisor or administrator) as to the sub advisor's decisionsregarding, for example: (1) employing the daily net cash contribution orwithdrawal (a decision usually made prior to the opening of trading);(2) changing the percentage, share, or dollar allocations of eachsecurity in the investment portfolio (decisions that can occur at thebeginning of and throughout the day); (3) changing how the current model(the percentage allocation by security totaling to 100%) compares to thetarget model; and (4) other money management and trading decisions.

Once these decisions (and the resulting orders) are determined by thesub advisor or money manager 301, the sub advisor calculates theresulting number of shares to buy or sell for each security andcommunicates the desired orders to the sponsoring organization 304. (Asneeded, selected orders could be executed or “worked” by the sub advisor301 according to criteria agreed to by the sponsoring organization andsub advisor.)

411) The sponsoring organization 304 maintains (separate and apart fromthe sub advisors 301) its own group of relationships with executingbrokers 302. The sponsoring organization routes the orders to executingbroker(s) 302 of their own choice for execution, thereby enabling thesponsoring organization 304 to seek out and utilize the lowest costsource of execution, and thereby completely eliminate the “soft dollar”charges (and the resulting additional expense to the fund shareholdersand plan beneficiaries) incurred when the sub advisor is directing thetrades. Through an embodiment of the present invention, the sponsoringorganization 304 is able to select executing brokers 302 providing thelowest possible execution cost (which presently could be one cent orless per share) consistent with regulatory requirements for BestExecution (best share price), thereby generating additional savings forthe fund shareholders and plan beneficiaries and improving fundperformance.

413) The executing brokers 302 report the trade fills back to thesponsoring organization 304.

414) The sponsoring organization reports the trade fills back to the subadvisor 301.

The sponsoring organization 304 also has, in an embodiment of thepresent invention, the option of implementing a pre-trade compliancereview and an immediate post execution review to ensure the trade iscompliant with prospectus, SEC, and board requirements. If the trade isnot compliant with these regulatory requirements, the sponsoringorganization 304 (as advisor for regulatory purposes) is able to preventthe order from being executed or immediately address any violationsfollowing execution (rather than waiting until the next day as in theprior art).

FIG. 4 illustrates the areas of operational responsibility according toan embodiment of the present invention, as summarized in Table 2 below.

TABLE 2 Areas of Operational Responsibility Sub Advisors 301 Create Buyand Sell Orders Execute or “Work” Orders per Agreed Criteria SponsoringMaintain Network of Executing Brokers Organizations 304 Select ExecutingBrokers for Orders Seek Lowest Cost Execution Maintain Order RoutingTable Eliminate “Soft Dollars” from Trade Costs Pass Savings Through toShareholders or Beneficiaries Single and Comprehensive Compliance Systemand Methodology for all Sub Advisors to Utilize for Trading Pre and PostTrade Compliance Review Option Executing Execute Trades at LowestPossible Cost Brokers 302 Compete: Cost, Coverage, Liquidity, Technologyand Service

An embodiment of the present invention is shown in FIG. 5 as exemplaryprocess 500, whereby the sponsoring organization utilizes a standardsystem along with a plurality of other sponsoring organizations toimplement a standard method and process that enables the sub advisorsand executing brokers, through the creation of a single operationalstructure with one sponsoring organization, to easily and rapidlyduplicate that same operating structure with a plurality of sponsoringorganizations across multiple industries. This standardizationeliminates the extraordinary potential for unmanageable complexitycreated for sub advisors and executing brokers as a multiplicity ofsponsoring organization select and implement their own individual methodand process utilizing a wide variety of vendors, systems, procedures,communications engines, communications protocols, and communicationsnetworks.

FIG. 5 illustrates the exemplary process 500 according to an embodimentof the present invention. The process 500 works in the following stepscorresponding to the arrows and their associated reference numeralsshown in FIG. 5.

510) A plurality of sub advisors 301 direct orders to the sponsoringorganization 304 through the communications network 502.

511) The sponsoring organization's order management system 503 receivesa plurality of orders from the sub advisors.

512) The sponsoring organization's order management system 503 utilizesa communications engine 504 that incorporates a communications protocol505 that translates each order into a usable format.

513) Each order is directed to the compliance engine 506 that reviewsthe order with respect to prospectus, board, and SEC regulations andrequirements.

514) If a violation occurs (Violation=Yes), the order is routed to thesub advisor 301 for further evaluation and review.

515) If a violation does not occur (Violation=No), the order is routedto the order management system (OMS) 503, which, utilizing thecommunications engine 504 and communications protocol 505, translatesthe order into a format acceptable to the executing brokers 202.

516) The sponsoring organization's order management system 503 routesthe order to the executing brokers 202 through the communicationsnetwork 502.

517) The executing broker 202 receives the order and executes the trade.

518) The executing broker 202 sends the trade fill report to thesponsoring organization 304 and sub advisor 301 through thecommunications network 502.

519) The sponsoring organization 304 receives the trade fill report.

520) The sub advisor 301 receives the trade fill report.

The standard system 501 for facilitating the sponsoring organization's304 unified trading and control of their money management processconsists of the following components in an integrated format: ordermanagement system 503, communications engine 504, communicationsprotocol 505, and communications network 502. An alternative embodimentof the present invention with an alternative standard system 507consists of the following components in an integrated format: ordermanagement system 503, communications engine 504, and communicationsprotocol 505.

An alternative embodiment of the present invention is shown in FIG. 6 asexemplary process 600, whereby the sponsoring organization 304 utilizesa variance on the common standard system with other sponsoringorganizations to provide a standard method and process that enables thesub advisors 301 and executing brokers 202, through the creation of asingle operational structure with one sponsoring organization, to easilyand rapidly duplicate that same operating structure with a plurality ofsponsoring organizations across multiple industries. The likelihood ofincreasing compatibility of systems over time, and increased industryacceptance of the system of the present invention, could potentiallyease the standardization requirement and allow these additional optionsto become feasible. The standard system 601 and 602 comprises thefollowing standard components in an integrated format: communicationsengine 504, communications protocol 505, and communications network 502.An alternative embodiment of the standard system 601 consists of acommunications engine 504 and communications protocol 505. Finally, itis conceivable that, over time, communications integration across theindustry evolves to the point where the standard consists solely of acommunications protocol 505.

The present invention, in the embodiments illustrated in FIGS. 4, 5, and6, provides a simpler process, lower trade execution costs, and enhancedtrade compliance, whereby the sponsoring organization (the advisor withdirect regulatory responsibility for the investment portfolios), not thesub advisor or money manager, controls where and how the trades areexecuted (the order flow) on behalf of their fund shareholders and planbeneficiaries.

I. Exemplary System and Process of the Present Invention

The present invention provides a system, method, process, software, andstandards for achieving a desired social utility of creating significantand recurring cost savings (and the resulting improved investmentperformance) for fund shareholders and plan beneficiaries.

A. System

An exemplary system is based on a number of components and includes anorder entry system, compliance engine, order management system, a hightouch-low touch engine, a price-liquidity-cost-quality engine, tradereconciliation system, communications engines, communications protocols,and communications networks, as further described below.

1) Order Entry System

FIG. 7 is a schematic diagram illustrating an order entry system andprocess 700, according to an embodiment of the present invention. Theprocess 700 works in the following steps corresponding to the arrows andtheir adjacent reference numerals in FIG. 7.

725) The order entry system is a computer-based graphical user interface(GUI) and associated software program(s) that can be customized to fitthe preference of the individual portfolio manager and his or herpersonal style of managing money. (The individual who is the portfoliomanager for the investment portfolio is typically an employee of themutual fund company or institutional asset manager acting as subadvisor.) The order entry GUI 701 displays, among other data, theinvestment portfolio's total value, cash, and securities along with thenumber of shares, share price, and dollar value of each position 702.FIG. 7 shows an exemplary order entry GUI 702 providing this exemplarydata. The order entry system provides important functionality in tworespects:

a) Daily Net Cash: The order entry system provides data on the daily netcontribution or withdrawal of cash from the investment portfolio, andenables the portfolio manager to implement decisions such as maintainthis cash, sell specific securities to cover any net withdrawal, buycertain securities, buy/sell the current model, buy/sell the targetmodel, or buy/sell as to move the current model closer to the targetmodel.

b) Order Execution Options: The order entry system provides options forthe order type for each trade, for example: market, limit, good toclosing, and fill or kill. Also, the system can allow a portfoliomanager to freeze a security's current shares, that is, exclude thesecurity from any and all future trading.

726) The portfolio manager utilizes the order entry system to implementthe buy and sell orders for securities through the creation of a tradeticket 703. The responsibility for entering the buy and sell orders intothe order entry system remains with the sub advisor (the portfoliomanager or their associated trading desk/operations group) in anembodiment of the present invention. FIG. 7 shows an exemplary tradeticket 703 accessible through the order entry GUI.

727) As the order is entered by the sub advisor (who hits, e.g. ENTER onthe order entry screen), the order entry system calculates the necessarynumber of shares and dollars for each security to buy or sell. Giventhat the order is determined at the investment portfolio level, theorder entry system does not have nor require access to information atthe account level for individual fund shareholders or planbeneficiaries. The record of the order is entered into the trade blotter704. Thus, for example, when an asset manager increases the allocationby 1% in IBM in a $100 MM investment portfolio, the result is anaggregate buy of $1 MM of IBM. Given a price of $80 per share for IBM,the buy order is 12,500 shares. This process is repeated for each buyand sell order implemented by the portfolio manager.

728) The order is routed to the compliance engine 506.

729) If a violation occurs (Violation=Yes), the order is routed to theorder entry GUI 701 for review and evaluation by the portfolio manager,trade desk and/or compliance officer.

730) If a violation does not occur (Violation=No), the order is routedto the order management system (OMS) 503,

731) The order management system 503 utilizes the order routing table705 to direct the order for execution.

732) The order routing table 705 directs the order to, among othervenues, a market maker 706, an electronic commerce network (ECN) 707, adirect market access (DMA) vendor 708, or an exchange 709.

733) Once the order is executed, the trade fill report is sent back tothe order management system 503.

734) The order entry GUI is updated with the revised positions, numberof shares, price per share, values, and cash data. FIG. 7 shows anexemplary screen image of the updated order entry GUI 710.

2) Compliance Engine

The compliance engine is a graphical user interface (GUI) and associatedsoftware program(s) linked to a computerized rules-based logic enginethat enables each buy or sell order (or combinations of buy and sellorders) to be analyzed in real time, according to a set of customizablelogical rules, such as rules specifying that foreign securities cannotexceed 15% of a portfolio's total value or that the portfolio cannothold the securities of the sub advisor nor the sponsoring organization.The compliance analysis occurs both prior to and immediately followingthe execution of each trade (or group of trades) as well as at the closeof each trading day for compliance with prospectus, regulatory, andboard requirements. Any pending order or group of pending orders thatmay result in any type of prohibited transaction are held in suspense(and not executed) and tagged with a warning flag, and a violationnotice is sent to the compliance group, portfolio manager, andtrade/operations group. The order or group of orders in question,subsequent to the review of the violation, may be amended, killed, orapproved for execution. Trades (or groups of trades) that are executedare also analyzed to ensure that the resulting metrics of the trades donot violate any requirements for the portfolio. (Post-execution pricechanges could subsequently trigger a violation not present at the timeof execution.) Approved orders are routed to the order management system(OMS) to begin the execution process.

FIGS. 8A, 8B, and 8C illustrate exemplary logical rules in terms ofregulatory, prospectus, and board restrictions and requirements for areal-time compliance engine, as specified in the disclosure documents ofan operating fund trust.

FIG. 9 is a schematic diagram illustrating an exemplary compliancereview process 900, according to an embodiment of the present invention,for implementing a compliance engine for a plurality of investmentportfolios. In the instance for this operating fund trust, there are atotal of 274 individual restrictions that could apply to all, many, or asingle investment portfolio or fund. FIG. 9 shows the actualrestrictions by category for five of the fund trust's investmentportfolios, with the number of the individual restrictions shown in abreakdown of five categories, ranging from 41 to 63 compliance andregulatory restrictions per investment portfolio.

The exemplary compliance review process 900 works as described in thefollowing steps corresponding to the arrows and their adjacent referencenumerals as shown in FIG. 9.

925) An order for an investment portfolio 902 is entered into the ordermanagement system 503, which records the transaction in the tradeblotter.

926) The order management system 503 routes the order to the complianceengine 506 for pre-trade review.

927) The compliance engine 506 matches the order to the restrictions forthat particular investment portfolio 903 and conducts an analysis todetermine if the order will result in a violation of any applicablerestriction. Exemplary restrictions and their frequencies areillustrated in table 901 of FIG. 9.

928) If Violation=Yes 904, the order is not executed and requires areview.

929) The rejected order is then routed into the order evaluation process905.

930) The reviewed order evaluation process 905 gathers input from atleast one of the compliance group 908, portfolio manager 907, and thetrading/operations group 906. The order may be killed at this point,revised, or allowed to be executed in its existing form 909.

931) If the order is to be executed, the reviewed order 909 is routed tothe order management system 503 for updating the trade blotter andresubmission to the compliance engine 506.

932) If, in step 927, Violation=No 910, the order is routed to the ordermanagement system 503.

933) The order management system 503 routes the order for execution 911.

934) The order is executed and the trade fill report is generated.

935) The trade fill report is routed back to the compliance engine 506for post trade and ongoing compliance review and analysis.

Overall, in an embodiment of the present invention, the sponsoringorganization (the advisor with direct regulatory responsibility for theinvestment portfolios) has the option, which was not available in theprior art, to review all pending orders and prevent violations ofprospectus, regulatory, and board requirements prior to the orders beingexecuted. The sponsoring organization, in an embodiment of the presentinvention, also has the option, which was not available in the priorart, to review all executed trades on a real-time basis to preventpost-execution violations of prospectus, regulatory, or boardrequirements. Finally, for the first time, the sponsoring organization,as advisor or plan administrator, has the means to place each fund oraccount and each sub advisor on the sponsoring organization'simplementation of a common, centrally operated compliance engine,process and set of restrictions (as opposed to each different subadvisor or money manager performing compliance reviews on as manydifferent systems.) The sponsoring organization, as advisor to the fundor administrator to the pension plan, has a regulatory (SEC)responsibility to ensure compliance of its funds and plan with allregulatory requirements and to certify, in writing, that theseinvestment portfolios do not violate the securities laws. Thus, incontrast to conventional systems, the present invention enables theadvisor or administrator to fulfill such responsibilities prior toexecution of an order, enables an immediate review of all executedtrades, and allows a single standardized compliance review process to beimplemented across all sub advisors and the funds or accounts. Thepresent invention therefore empowers the advisor or administrator toproperly fulfill their regulatory (SEC) responsibilities.

3) Order Management System

FIG. 10 is a schematic diagram illustrating the order management system(OMS) 503, according to an embodiment of the present invention. Theorder management system is a computerized processing system with agraphical user interface (GUI) and associated software program(s)enabling the organization conducting the trading activity to maintain areal-time trade blotter for all their pending orders and executedtrades. An order management system can comprise one or more of thefollowing modules: portfolio modeling engine 1002, order entry 700,trade blotter 704, order routing table 705, and communications engine504. The portfolio modeling engine 1002 enables a money manager toevaluate “what if” scenarios with the portfolio prior to implementingany trade orders. The trade blotter 704 enables real-time monitoring ofall trading activity such as open orders 1003, cancel/correct orders1004, and executed orders 1005. The OMS 503 enables the utilization ofvarious trading strategies, keeping track of positions, P&L, orderacceptance and release, sending IOI's (Indications of Interest), andamending orders. The order routing table 705 is a central database formaintaining the instructions for directing orders to selected executingbrokers. The communications engine 502 is used to create data formatsacceptable to other order management systems.

The order management system 503 also provides logical workflow solutionsto assist in maintaining proper communication between the various front,middle, and back office functions and systems for allocations of largeorders as well as keeping track of partial fills of trade orders.Finally, the order management system 503 utilizes market data sources1001 and provides robust and flexible compliance, regulatory and auditreporting capabilities 1006, including NYSE Rule 123, OATs, ACT, ShortSale, and Limit Order Handling Rule reports, as well as capturing,time-stamping, and archiving all activity for timely reconciliation andtrouble-shooting.

The order management system 503 functions as described in the followingsteps, which correspond to the arrows and their associated referencenumerals shown in FIG. 10.

1020) The order management system 503 links with a plurality ofreal-time and batch market data feeds 1001.

1021) The portfolio manager utilizes the portfolio modeling engine 1002to perform “what if” analyses for the investment portfolio and entersorders into the order entry module 700.

1022) The orders are recorded in the trade blotter 704.

1023) The trade blotter 704 enables views of the trade data such as openorders 1003, cancel and correct orders 1004, and executed trades 1005.(The compliance review process, as illustrated in FIG. 9, can occur atthis point in the process, but is not shown.)

1024) The orders are sent to order routing table 705 for selectingexecuting brokers and receiving directions to those executing brokers202.

1025) The order routing table 705 transmits the order to thecommunications engine 502, which translates the order into a formataccepted by executing brokers 202.

1026) The order is routed to the communications network 502.

1027) The communications network 502 routes the order to the selectedexecuting broker(s) 202.

1028) The executing broker(s) execute the order and send the trade fillreport(s) through the communications network 502.

1029) The communications network 502 directs the trade fill report backto the order management system 503 and the communications engine 504translates the order into a format used by the order management system503.

1030) The trade fill report updates the trade blotter 704 with thedetails of the trade fill report(s).

1031) The trade report data is used to update the portfolio holdings forthe order entry module 700.

1032) The order management system 503 submits transaction reporting 1006to the appropriate industry transaction processing and reportingentities.

Importantly, in an aspect of the present invention, the primaryresponsibility for operating the order management system 503 forprocessing orders shifts from the sub advisor, who operated the ordermanagement system in the prior art, to the sponsoring organization.

4) High Touch-Low Touch Engine

The high touch-low touch engine is a graphical user interface (GUI) andassociated software program(s) linked to a computerized rules-basedlogic engine that enables each buy or sell order (or combinations of buyand sell orders) to be analyzed in real time, according to a set ofcustomizable logical rules, to: (1) determine the expected market impactof an order and categorize an order as high touch or low touch; and (2)accordingly route the low touch orders for execution by the sponsoringorganization and the high touch orders for execution by the sub advisor.In a preferred embodiment, these logical rules can be adjusted in realtime.

Orders are categorized as high touch or low touch orders depending ontheir expected market impact. For example, the immediate execution inthe market of an order to buy 500,000 shares for an equity thatcurrently trades 100,000 shares daily at $40.00 per share will almostcertainly create an increase in the share price of that equity. As such,the large order could drive up the price of the equity by severaldollars per share. Once the execution of that order is completed, thetrading volume will likely return to its original 100,000 shares per daytrading volume and the share price could return to the pre trade levelof $40.00 per share. A possible result is that the purchasers of the500,000 shares will experience an immediate loss on their investment.The phenomenon of driving up the share price through a very large buyorder or lowering the share price through a very large sell order isreferred to as “market impact.” It is usually desirable to “work” orderswith significant expected market impact. By “working” orders, tradersare able to utilize a variety of tools, such as institutional tradingdesks, trade algorithms, crossing networks, dark pools of liquidity,sending IOIs (indications of interest), and other such techniques(including manually watching the market for the appropriate times toexecute small portions of the total order) to eliminate or reduce theexpected market impact of a large order. The orders that require specialhandling (“working”) are referred to as “high touch trades.”

On the other hand, there may be situations in which an order representsa very small portion of a measure such as daily trade volume. Forexample, an order to buy 5,000 shares for an equity trading severalmillion shares daily will have little or no expected market impact onthe price of that equity. Once entered, such an order is transmitted,executed, and reported as the electronic systems and computers (alsoreferred to as “black boxes”) communicate with each other with little orno human interaction. The orders with low or no expected market impactare referred to as “low touch trades.”

Finally, once an execution strategy is selected for a high touch order,the order may be broken up into several smaller orders that are executedover a period of time. These smaller orders may now qualify as low touchorders, as each individual order, when executed over a period a time,may now result in little or no market impact.

FIG. 11 is a schematic diagram illustrating an exemplary high touch-lowtouch engine (HLE) system and process 1100, according to an embodimentof the present invention. The process 1100 works as described in thefollowing steps, which correspond to the arrows and their adjacentreference numerals shown in FIG. 11.

1125) The sub advisor 301, sponsoring organization 304, and board oftrustees 1101 determine the rules for categorizing an order as hightouch or low touch.

1126) The rules for categorizing an order as high touch or low touch areinput into the trade routing rules database 1102. These rules can bechanged in real-time.

1127) The high touch-low touch engine (HLE) 1105 utilizes the rules fromthe trade routing rules database 1102 to categorize orders as high orlow touch orders.

1128) The high-low engine (HLE) 1105 incorporates a real-time feed ofmarket data 1104 for use in analyzing and determining the expectedmarket impact of an order.

1129) The portfolio manager 1103, using the sub advisor's ordermanagement system 503 SA, enters an order that is routed, via the subadvisor routing loop, to the high-low engine 1105 for real-time analysisand categorization as a high touch or low touch order. Although the hightouch-low touch engine 1105 is illustrated as located within the unifiedtrading and control system, one of ordinary skill in the art wouldappreciate that the high touch-low touch engine 1105 could be locatedelsewhere, such as at the sub advisor 301 or sponsoring organization306.

1130) The high touch-low touch engine 1105 determines the expectedmarket impact of orders received from the sub advisor order managementsystem (OMS) 503 SA and categorizes orders with significant expectedmarket impact as “high touch” orders 1106.

1131) The high touch order 1106 is further categorized as orders to be“worked” by a block trading desk, crossing system, matching system, darkpool of liquidity, or some other form of institution to institutiontrading system or exchange 1109. These worked orders are routed forreview by the sponsoring organization's compliance engine 506 and, onceapproved, are ready for execution.

1132) As an alternative to step 1131, the high touch order 1106 isdivided into a series of smaller orders 1108 by a trading algorithm or aset of manual decisions 1107.

1133) The trading algorithm or set of manual decisions divides the orderinto a series of smaller orders 1108 for execution over a period oftime.

1134) Each of the smaller orders 1108 resulting from the original hightouch order are re-routed to the high touch-low touch engine 1105 viathe sub advisor re-routing loop.

1135) The high touch-low touch engine 1105 evaluates the re-routedsmaller orders 1108 and categorizes the orders with significant marketimpact as high touch orders 1109.

1136) High touch orders 1109, from both the original and re-routedorders, are directed via auto routing 1110 to the sub advisor's ordermanagement system 503 SA.

1137) The sub advisor's order management system 503 SA receives the hightouch order 1109 and selects the executing broker(s) 202.

1138) The sub advisor order management system 503 SA routes the hightouch orders to the executing broker(s) 202 for execution.

1139) Once the orders are executed by the executing brokers 202, thetrade fill data for the high touch trades 1106 is routed to the subadvisor order management system 503 SA.

1140) The sub advisor order management system 503 SA determines, whenapplicable, the allocation of shares for the sponsoring organization androutes the trade allocation data along with the trade fill data (fortrades not requiring a special allocation) for the high touch trades tothe sponsoring organization's order management system 503 SO.

1141) The sponsoring organization's order management system 503 SOroutes the trade allocation data for the sponsoring organization'sallocation of shares of the high touch trade and the trade fill data forthe high touch trades (not requiring a special allocation) to thesponsoring organization's trade reconciliation system 1117. Steps 1130through 1141 constitute the high touch order processing loop.

1142) Returning to steps 1129 and 1134, when the high touch-low touchengine 1105 receives orders from the sub advisor order management system(OMS) 503 (as either the original and re-routed orders) that itdetermines will have little or no significant expected market impact,the high touch-low touch engine 105 categorizes those orders as “lowtouch” orders 1111 that can be processed as “electronic” or “black box”orders, which computer systems can execute with virtually no humanintervention. The “low touch” order can be either original orders orre-routed orders from the sub advisor order management system 503 SA.

1143) The high touch-low touch engine 1105 directs trades that do notrequire a trade rotation order to the sponsoring organization 304. Forexample, a single order for a single fund would not require a traderotation order.

1144) The high touch-low touch engine 1105 routes trades requiring atrade order rotation to the trade order rotation engine 1112 in order todetermine a trade order rotation between the sub advisor 301 and thesponsoring organization(s) 304 and 1116. For example, when an assetmanager places a plurality of orders in a given security for executionacross a plurality of investment portfolios, trade order rotation isrequired. Such trade order rotation is preferably random. The tradeorder rotation could be, for example, a defined procedure comprisingrandom selection, sequential selection, or algorithmic random selection.

1145) The trade order rotation engine 1112 prepares trade rotationinstructions 1113 for the sub advisor 301.

1146) The trade rotation instructions 1113 are communicated to the subadvisor's order management system 503 SA via auto routing 1110 (alongsteps 1146 a and 1146 b).

1147) The trade rotation engine 1114 determines the trade rotation orderbetween a plurality of sponsoring organizations, such as the sponsoringorganization 304 and any number of additional sponsoring organizationsas represented by sponsoring organization (SO_(x)) 1116. The traderotation order could also be determined as a single trade rotation orderbetween the sub advisor 301 and sponsoring organizations 304 and 1116.

1148) The trade rotation engine 1114 prepares trade rotationinstructions 1115 for the sponsoring organizations 304 and 1116.

1149) The trade rotation instructions 1115 are communicated to thesponsoring organizations 304 and 1116.

1150) The trade orders are routed to the sponsoring organization's ordermanagement system (OMS) 503 SO.

1151) The sponsoring organization's order management system (OMS) 503 SOroutes the orders for review by the sponsoring organization's complianceengine 506 and, once approved, selects the executing brokers 202 androutes the orders through the communications network 502 for execution.

1152) The communications network 502 directs the orders to thedesignated executing brokers 202 for execution.

1153) The executing brokers 202 execute the trade and report the tradefills back to the communications network 502.

1154) The communications network 502 reports the trade fill reports backto the sub advisor's order management system (OMS) 503 SO.

1155) The sponsoring organization's order management system (OMS) 503 SOroutes the orders to the sponsoring organization's trade reconciliationsystem 1117. Although, for clarity, FIG. 11 shows the trade compliance,execution, and reconciliation process (steps 1150-1155) only forsponsoring organization (SO 1) 304, the same or similar process wouldoccur for the additional sponsoring organizations (SO_(x)) 1116. Steps1142 through 1155 constitute the low touch order processing loop.

The high touch-low touch engine (HLE) 1100 is unique in that it performsan expected market impact analysis and assigning of discretion overorder execution and selection of executing brokers to differentorganizations utilizing real-time market data and customizable rules.The high touch-low touch engine's (HLE) automated, real-time capabilitydoes not exist in the prior art and represents a technology innovationin the system of the present invention.

In an embodiment of the present invention, the high touch-low touchengine 1100 enables the sponsoring organization to select the executingbrokers and direct the pending orders for execution at brokers providingthe lowest cost execution (consistent with regulatory requirements suchas Best Execution). The result is that, in an embodiment of the presentinvention, the sponsoring organizations are able to direct order flow asto eliminate soft dollar costs and achieve substantial and recurringcost savings (and improved investment performance) for their fundshareholders and plan beneficiaries. The high touch-low touch engine1100 would, under circumstances approved by the sponsoring organization,enable the sub advisor to assume discretion to direct trades to theirselected executing brokers.

5) Price-Liquidity-Cost-Quality Engine

The price-liquidity-cost-quality engine is a graphical user interface(GUI) and associated software program(s) linked to a computerized,real-time and customizable rules-based logic engine that enables eachbuy or sell order (or combinations of buy and sell orders) to beanalyzed, according to a set of customizable logical rules, todetermine, through an optimization process, the most cost effectiveorder composition in terms of one or more of share price, number ofshares, execution cost or mark-up, expected price improvement, andexecution speed. The output of the price-liquidity-cost-quality engineis a list of the executing brokers, share price, number of shares,execution cost or mark-up, expected price improvement, and executionspeed for the sponsoring organizations and sub advisor to utilize inselecting executing brokers for their orders.

The price per share, number of shares and execution costs or mark-upsare based on actual data gathered through real-time market data feedsand inputs from executing brokers. The price per share and number ofshares reflect current market data. The execution cost or mark-up pershare reflects the real-time cost entered into theprice-liquidity-cost-quality engine by the executing brokers and canvary on a security by security basis and over time (as executing brokersadjust their executions costs or mark-ups to reflect their desire toaccumulate, reduce, or liquidate their position in a security).

The trade quality analysis engine provides a real-time and customizableanalysis of the historical and expected price improvement for eachsecurity, by executing broker, in an order. Currently, orders areexecuted at the National Best Bid and Offer (Ask) or NBBO. As such, anequity may be available to buy at $42.25 per share (ask or offer) and tosell at $42.00 per share (bid). The difference between the bid and offer(ask) is the spread ($0.25). As such, the ideal price point between thebid and offer is the Mid Point between Bid and Offer (MPBO). For thissecurity, the midpoint between bid and offer is $42.125 per share. Thetrade quality engine performs a real-time analysis of the share pricesand times of execution for recently executed trades to determine howclose the share price for a trade was to the MPBO. The range of such acalculation could range from a trade occurring at a $42.125 (at theMPBO, which is a 0% effective to quoted spread.) (While it is possible,orders are rarely executed below the MPBO.) A buy order occurring at$42.25 or a sell order occurring at $42.00 is considered 100% of theNBBO and does not provide any price improvement, which equates to a 100%effective-to-quoted spread. Unfortunately, orders can also be executedabove the spread (above $42.25 on a buy or below $42.00 on a sell).These transactions are considered “outside the spread” and, as a result,these trades have an effective-to-quoted spread that exceeds 100%. Theeffective-to-quoted analysis is performed for each order and the timeperiod utilized for this analysis is customizable and performed forperiods of time ranging from sub-seconds to minutes, hours, days, andlonger, according to the desires of the user. This data is then utilizedby an optimization engine to calculate the most cost effective group ofexecuting brokers for the order. This data is then transmitted to theorder management system of the sub advisor or sponsoring organization.

The quality data can also include factors such as speed of execution,which reflects the time that is required for an executing broker, uponreceipt of the order, to complete the execution of the order.

Currently, the securities industry focuses on share price and liquidity(“best execution”) when determining the optimal order composition. Theprice-cost-liquidity-quality engine's capacity to factor in additionalreal-time and customizable factors, such as execution cost and expectedprice improvement, represents a considerable step forward in providingshareholders and plan beneficiaries with the lowest total execution costin a routine and automated fashion.

FIG. 12 is a schematic diagram illustrating theprice-cost-liquidity-quality engine's 1201 system and process 1200,according to an embodiment of the present invention. The process 1200works as described in the following steps, which correspond to thearrows and their adjacent reference numerals shown in FIG. 12.

1225) Sub advisors 301 and sponsoring organizations 304 and 1116transmit their individual orders to the price-liquidity-cost-qualitysystem through the graphical user interface (GUI) 1202 or through a datafeed from their order management system 503 (not shown).

1226) The order is entered into the price-cost-liquidity database 1203.

1227) Executing brokers 202 utilize a graphical user interface (GUI)1204 to enter the execution costs 1204 for orders into theprice-cost-liquidity-quality engine 1201. The execution cost data 1204can be changed on a real-time basis for each security.

1228) The execution cost data 1201 is incorporated into theprice-liquidity-cost database 1203.

1229) Real time market data 1205 is delivered to theprice-cost-liquidity-quality engine 1201 and incorporated into theprice-liquidity-cost database 1203.

1230) The price-liquidity-cost data is incorporated into the executionquality analysis engine 1206.

1231) The system archive 1207 for the execution quality analysis engine1206 provides real-time and historical data on the quality of execution,that is, the effective-to-quoted spread to the execution qualityanalysis engine 1206.

1232) The execution quality analysis engine 1206 combines theprice-liquidity-cost data and the real-time and historical data anddelivers the data to the order optimization engine 1208.

1233) The data 1209 incorporates the share price, number of sharesavailable from each executing broker, execution cost or mark-up, brokeridentification, and quality of execution (calculated effective-to-quotedspread).

1234) The order optimization engine 1208 combines the lowest executioncost based on the price-liquidity-cost data and factors in the expectedprice improvement data to determine, through the optimization process,the most cost effective combination of executing brokers for the order.For this order, the most cost effective group of brokers combine for anexecution cost of $69.00 with an expected price improvement resultingfrom an effective-to-quoted spread of 10% for 11,000 shares, 20% for2,000 shares, and 25% for 7,000 shares.

1235) The order optimization engine 1208 routes the optimized executingbroker combination to the graphical user interface 1202.

1236) The sub advisors 301 and sponsoring organizations 304 and 1116 (orany asset manager 201) utilizes the graphical user interface 1202 (ordata feed) to review the optimized executing broker combination for thatorder for use in the order entry process 700 (not shown).

The price-cost-liquidity-quality engine 1201 is unique in that itperforms a real-time computer analysis and subsequent assigning ofexecution costs and expected execution quality relative to current shareprice and liquidity offered by a network of executing brokers. Thisautomated, real-time, and customizable capability does not exist in theprior art and represents a technology innovation in the system of thepresent invention.

6) Trade Reconciliation System

FIG. 13 is a schematic diagram illustrating a trade reconciliationsystem 1300, according to an embodiment of the present invention. Thetrade reconciliation system is a computerized trade processing systemthat functions in the back office system for the investment portfolios.The trade reconciliation system can comprise general ledger andaccounting 1301, position manager 1302, and stock record 1303 modules.The position manager 1302 can comprise an auto cage 1304 that connectsto clearing organizations 1305. The position manager module 1302 andstock record module 1303 support the trade processing module 1306 thatprovides commission accounting 1307 and trade processing 1308. The stockrecord also supports the purchase and sales module 1309, whichincorporates data through external data providers 1310 and marketconnections 1311. The trade reconciliation system 1300 providesreal-time, multi-currency trade settlement rules, trade comparisons,trade confirmation and affirmations, purchases and sales, tradeexception processing, commission calculations, accruals, cash flows, andtrial balances. In essence, the trade reconciliation system 1300operates in an automated fashion through the incorporation of real-timeand batch data feeds from a variety of different sources. In itssimplest form, the trade reconciliation process ensures that: (1) alltrades are properly accounted; (2) all trading, pricing, and processingerrors have been identified and addressed; and (3) all accounts are inbalance. At the conclusion of this process, the entire system is readyfor the next day's trading activity.

In the prior art, the trade reconciliation process is the responsibilityof both the sub advisor and the sponsoring organization while thebalancing of accounts is the responsibility of the sponsoringorganization. In an embodiment of the present invention, theresponsibility for both the trade reconciliation process and thebalancing of accounts shifts to the sponsoring organization.

7) Additional Systems

The system of the present invention can also include additional systemsto support order execution processing. These systems include acommunications engine to translate and direct all messages between theappropriate parties; a communications protocol for specifying messageformat as to eliminate confusion as to message content, instructions,and destination; and a communications network to connect all subadvisors, sponsoring organizations, and executing brokers withreal-time, reliable, and scalable connectivity.

B. Process

In an embodiment of the present invention, the functionalresponsibilities, personnel requirements, system requirements,regulatory responsibilities, and data flows are dramatically differentfrom the prior art. From a perspective of responsibility for the subsystems, Table 3 below illustrates how the operating responsibilitiesfor the various systems change from the prior art to an embodiment ofthe present invention.

TABLE 3 Operating Responsibilities of the Present Invention SystemResponsibility Prior Art Present Invention Order Entry Sub Advisor SubAdvisor Compliance Engine Sub Advisor Sponsoring Organization HasCompliance Option Order Management System Sub Advisor SponsoringOrganization High Touch - Low Touch Not Sponsoring Organization EngineApplicable Real-Time Automated Process Price - Liquidity - Cost - NotSponsoring Organization Quality Engine Applicable Real-Time AutomatedProcess Trade Reconciliation Sub Advisor Sponsoring OrganizationCommunications Engine Sub Advisor Sponsoring Organization CommunicationsProtocol Sub Advisor Sponsoring Organization Communications Network SubAdvisor Sponsoring Organization

With respect to the responsibilities of the sub advisor, there aresubstantial differences between the prior art and the embodiment of thepresent invention. These differences are summarized in FIG. 14. Theunified trading and control system is flexible in its implementation inthat trading responsibility for certain funds or portfolios, such as anemerging markets or micro cap stocks, may remain with the sub advisors(assuming the sub advisor has proficiency with these less liquid issuesthat the sponsoring organization may not possess.) Also, the moneymanager (or portfolio manager) may desire more control over the tradingof specific assets or issues, the utilization of certain tradestrategies or the direction of orders to a specific executing broker.The authorization of such exceptions remains with the sponsoringorganization as the sponsoring organization can authorize thoseexceptions that benefit the fund shareholders or plan beneficiaries.Overall, in an embodiment of the present invention, there are multiplebenefits for the sub advisor with respect to lower operating expenses,less operating and trade error risk and, of course, superior fundperformance.

Finally, an important user group that must be comfortable with thesystem implementation of the present invention is the portfolio managersmaking the daily buy and sell decisions in the fund or investmentportfolio. The system of the present invention addresses the portfoliomanagers' concern that their asset management process not be interferedwith as new systems, processes, and procedures are implemented. Theresult is that the system of the present invention, as shown below inTable 4, addresses the concerns of the portfolio managers in a positiveand comprehensive fashion.

TABLE 4 Portfolio Manager Concerns Addressed by the Present InventionPortfolio Manager Concern Unified Trading and Control System PerformanceSubstantial, Recurring Improvement in Performance Control of HighRemains with Sub Advisor (through high touch - Touch Trades low touchengine) Anonymity Enhanced as positions are held in multiple sub advisedportfolios Latency Improved as automated process replace manualprocesses Chaos from Standards create a single image across all subadvised Multiple Systems accounts Trade Rotation Implemented by tradeorder rotation engine Order Entry Remains sub advisor responsibilityManagement Fees Not impacted by change in process Best Execution SECRule NMS mandates Best Execution on all trades

C. Rationale for Implementation of a Standard in the System of thePresent Invention

An embodiment of the present invention provides a standard systemcomprising one or more of the following components: order managementsystem (OMS), communications engine, communications protocol, andcommunications network. The standard for the system of the presentinvention provides simplicity, reliability, scalability, and costeffectiveness in contrast to the complexity, expense, and potentiallychaotic processing caused a plurality of sponsoring organizations makingindividual systems decisions without regard to the burden that theplurality of systems and configuration places on their sub advisors andexecuting brokers. As such, the standard represents a single group ofspecific components for use by all parties, in which a sub advisor orexecuting broker implementing the system of the present invention with asingle sponsoring organization is able to duplicate, as a “cookiecutter” type process, the initial implementation, inclusive of process,procedures, protocols, and connectivity, with each subsequent sponsoringorganization that requires their implementation of the system of thepresent invention. The result is that the standard, as a single group ofspecific components for use by all parties, vastly simplifies theimplementation process for all parties and creates a far more reliable,cost effective, and scalable system.

Currently, a single mutual fund company (such as AIM, Janus, orOppenheimer.) may act as a sub advisor to ten to twenty differentsponsoring organizations (usually managing between one and five fundsper sponsoring organization). As such, a mutual fund company may managetwenty to sixty separate sub advised funds alongside their thirty tofifty proprietary mutual funds (and as many or more institutional andprivate accounts). A money manager at a mutual fund company making asingle trade (such as: buy IBM) in a single strategy (such as large capgrowth) could easily impact ten to twenty separate individual portfoliosutilizing the large cap growth strategy. In order to simplify this vastcomplexity, the mutual fund company selects and utilizes a singleintegrated system to execute trades across all proprietary, sub advised,and private portfolios. This single system calculates the number ofshares of IBM to purchase for each of a plurality of large cap growthportfolios and aggregates a plurality of share purchases into a singlebuy order. The single aggregated buy order and associated tradingstrategies are entered into the single system's order managementinterface. At that point, if the buy order is large, this trading andorder management system may split the trade and direct portions of thebuy order to a plurality of executing brokers to complete the buytransaction. These orders are communicated to their executing brokersthrough a single communications engine and communications network. Theshares that are bought are later allocated among the various proprietaryfunds, sub advised funds, and institutional and private accountsaccording to pre-determined instructions. While this process may havedisadvantages, it is clear that the money manager achieves a high levelof automation and significant reduction in operating risk (andassociated trading losses), as trading across a plurality of accounts isimplemented through a single integrated system.

In comparison, the potential complexity of the various implementationsof the system of the present invention reflects the following factors.

The National Association of Variable Annuities (NAVA), the variableinsurance industry trade group, indicates that it has over fifty membersacting as sponsoring organizations for their mutual fund, variableannuity, and defined contribution (401k, 403b and 457) financialproducts (see FIG. 15). The number of additional sponsoringorganizations, such as private and public pension funds, easily addsseveral hundred more sponsoring organizations to the list shown in FIG.15.

The Investment Company Institute (ICI), the mutual fund industry tradegroup, has over three hundred member mutual fund companies suitable toprovide money management services to sub advised funds (see FIGS. 16Aand 16B) and there are hundreds of additional institutional managerscapable of functioning as a sub advisor to an investment portfolio.

There are also over forty providers of order management systems (seeFIG. 17) and there are several hundred firms offering their services asexecuting brokers (see FIGS. 18A and 18B for a partial list).

In addition, there are over 75 companies offering over 115 differentcommunications engines for trade order messaging, translation, anddestination routing. These communications engines usually utilize acommon industry communications protocol (usually the FinancialInformation Exchange format or “FIX”). However, each communicationsengine has its own unique “dialect” as to the specific implementation ofthe protocol. As such, despite the common industry protocol, thereremain substantial challenges in the interoperability and ease ofcommunications between the pluralities of communications engines.Finally, there are over 25 communications networks available forsponsoring organizations to utilize as their means of connectivity tosub advisors and executing brokers, thereby requiring each sub advisorand executing brokers to link as a node to each system selected by atleast one sponsoring organization.

Given the plurality of sponsoring organizations (as shown in FIG. 15 andinclusive of additional sponsoring organizations such as mutual fundsutilizing sub advisors, defined contribution plan sponsors, pension anddefined benefit sponsors, and other user groups of considerable size),sub advisors (as shown in FIGS. 16A and B), order management systems (asshown in FIG. 17), executing brokers (as shown in FIGS. 18A and 18B)along with the 115 communications engine with each utilizing a specific“dialect” reflecting its original time and purpose of creation, severalcommunications protocols for messaging and 25 communications networks,the number of potential unique configurations of these organizations andsystems is so overwhelming as to create such complexity and chaos as toprevent an implementation of the system of the present invention basedon the well-justified concerns that any level of industry acceptancecould result in unacceptable complexity, operating costs, personnelcosts, order entry errors, trade processing errors, and associatedreduced performance of investment portfolios. Given that the sub advisoris required to compensate an investment portfolio for all lossesresulting from their errors of any kind, the likely result of an absenceof a standard is the refusal by sub advisors to cooperate with animplementation of the system of the present invention.

FIG. 19 provides an exemplary structure 1900 illustrating the complexitycreated by a plurality of sponsoring organizations 304 deciding toimplement the embodiment of the present invention without a standardsystem 1901. In this illustration, twenty-two different sponsoringorganizations 304 select ten different order management systems 1901.The sponsoring organizations 301 utilize a total of forty-two differentsub advisors 301 in their financial product or pension portfolios alongwith eight different executing brokers 202 (while in actual practice theactual number of sponsoring organizations 304, sub advisors 301, andexecuting brokers 202 would be considerably higher than the illustrationin FIG. 19). Each sub advisor 301 is asked to move from a single systemto a plurality of systems 1901 (as there are over forty systemsavailable to a sponsoring organization as shown in FIG. 17) selected byeach sponsoring organization. As a result, a single trade by a singlesub advisor 301 may require order entry into ten or more differentsystems selected by sponsoring organizations. Such a process could becomplex, chaotic, costly, and rife with errors. The associated expensefor resolving the errors (as the fund shareholders and planbeneficiaries are not responsible for such errors and must be reimbursedfor any losses) could make sub advisors 301 unwilling to implement sucha process.

FIG. 20 illustrates the complexity of such an embodiment 2000 without astandard 1901 through a focus on the complexity facing a single subadvisor 301 managing nine proprietary funds 2001 utilizing a singlesystem 1901 and nine sponsoring organization funds or investmentportfolios for sponsoring organizations 2002 utilizing a plurality ofsystems 1901. The illustration demonstrates, even at the small scale ofa single sub advisor, the inherent complexity and potential chaos ofsuch an implementation without the use of a standard system.

Therefore, to reduce this complexity, an embodiment of the presentinvention provides a single standard. FIG. 21 illustrates thesimplicity, ease of use, and efficiency resulting from an embodiment2100 utilizing a designated standard single manager order managementsystem 2101 for use by all sponsoring organizations 304 and sub advisors301 (money managers). The standard system and single network nodeconnection by a single party to all parties reflects a vast improvementin the operating reliability, costs, and ease of implementation andoperation. As shown, a single system 2101 (e.g., in this illustration, astandard order management system, communications engine, communicationsprotocol, and/or communications network; however, an embodiment couldrequire fewer of the listed standard components) can be used as aneasily and rapidly duplicated image used by sponsoring organizations304, sub advisors 301, and executing brokers 202. A standard-implementedthrough, for example, a designated order management system,communications engine, or communications protocol-creates the leveragefor allowing rapid industry adoption of the system of the presentinvention.

II. Exemplary System Components, Services, and Data of a SponsoringOrganization

In an embodiment of the present invention, the following systems,services, and data are preferably in place for a sponsoringorganization's investment portfolios:

-   -   Custody firm to hold the securities and cash for benefit of the        funds and plans.    -   Daily net cash contribution or withdrawal per investment        portfolio—e.g., can be provided by the sponsoring organization        to the system administrator.    -   Security master data service.    -   Real-time quote service.    -   Best execution monitoring service.    -   Transaction cost accounting system.    -   Connectivity among the sponsoring organization, sub advisors and        executing brokers.

III. Exemplary Implementation of the Present Invention

With reference to FIG. 22, an exemplary system of the present inventionis as follows. The actors include a system administrator administeringthe unified trading and control system 2200, a sub advisor 301 acting asmoney manager for the investment portfolios, a portfolio manager (moneymanager) 1103 responsible for making investment decisions for a fund orinvestment portfolio, a sub advisor trade/operations group 2201, a subadvisor compliance group 2202, a sponsoring organization compliancegroup (not shown), a sponsoring organization 304 controlling party forthe assets and responsible for client books and records, a custodialfirm holding all securities and cash (not shown), and executing brokers202 as the parties to whom the buy or sell order is directed to beexecuted (filled).

The system includes a unified trading and control system 2200 includinga portfolio modeling system 1103, an order entry system 700, a subadvisor compliance engine 506 SA, a sub advisor order management system(OMS) 503 SA, the high touch-low touch engine 1105, the trade orderrotation engine 1112 and 1113, the sponsoring organization standardorder management system (OMS) 503 SO, a sponsoring organizationcompliance system 506 SO, the price-liquidity-cost-quality engine 1200,the sponsoring organization's communications network 502, the network ofexecuting brokers supporting the sponsoring organization 302, theindividual executing brokers 202, and the trade reconciliation system1117.

FIG. 22 also illustrates an exemplary process of the present inventionhaving the following steps, which correspond to the arrows and theiradjacent reference numerals shown in FIG. 22.

2225) Sub advisor 301 provides a portfolio manager 1103 for the fund orinvestment portfolio.

2226) Portfolio manager 1103 sends the trade order to thetrade/operations group 2201 for order entry.

2227) Trade/operations group 2201 enters the order into the order entrysystem 700.

2228) As an alternative to step 2226 and 2227, the portfolio manager1103 enters the trade order directly into the order entry system 700.

2229) The order entry system 700 routes the order to the complianceengine 506 SA for evaluating the order relative to regulatory andprospectus requirements and restrictions.

2230) If a violation occurs (Violation=Yes), the order is stopped fromexecution and routed for review by the sub advisor. The violation isalso reported to the sponsoring organization compliance group (notshown) and to any or all of the sub advisor groups shown in steps 2231,2232, and 2233.

2231) If a violation occurs (Violation=Yes), the order can be routed tothe trade/ops group 2201.

2232) If a violation occurs (Violation=Yes), the order can be routed tothe compliance group 2202.

2233) If a violation occurs (Violation=Yes), the order can be routed tothe portfolio manager 1103.

2234) If a violation does not occur (Violation=No), the order is routedto the order management system (OMS) 503 SA, which, through the subadvisor routing loop, directs the order for sub advised funds oraccounts to the high touch-low touch engine 1105. Although FIG. 22depicts the high touch-low touch engine 1105 as located within theunified trading and control system, one of ordinary skill in the artwould appreciate that the high touch-low touch engine 1105 could belocated elsewhere, such as at the sub advisor 301 or sponsoringorganization 306.

2235) The high touch-low touch engine 1105 determines the expectedmarket impact of orders received from the sub advisor order managementsystem (OMS) 503 and categorizes orders with significant expected marketimpact as “high touch” orders 1106.

2236) The high touch order 1106 is further categorized as orders to be“worked” by a block trading desk, crossing system, matching system, darkpool of liquidity, or some other form of institution to institutiontrading system or exchange 1109. These high touch trades are routed tothe sponsoring organization's compliance engine 506 SO for pre-executionreview and approval and, once approved, are ready for execution. (Thesponsoring organization compliance review step is not shown).

2237) As an alternative to step 2236, the high touch order 1106 isdivided into a series of smaller orders 1108 by a trading algorithm or aset of manual decisions 1107.

2238) The trading algorithm or set of manual decisions divides the orderinto a series of smaller orders 1108 for execution over a period oftime.

2239) Each of the smaller orders 1108 resulting from the original hightouch order is re-routed, via the sub advisor re-routing loop, to thehigh touch-low touch engine 1105. Step 2239 starts the sub advisorrerouting loop.

2240) The high touch-low touch engine evaluates the re-routed smallerorders 1108, categorizes the orders with significant market impact ashigh touch orders 1109, and routes these orders to be “worked” 1109.

2241) High touch orders 1109 are directed via auto routing 1110 to thesub advisor's order management system 503 SA. Although FIG. 22 depictsthe high touch-low touch engine 1105 as located within the unifiedtrading and control system, one of ordinary skill in the art wouldappreciate that the high touch-low touch engine 1105 could be locatedelsewhere, such as at the sub advisor 301 or sponsoring organization306.

2242) The sub advisor's order management system 503 SA receives the hightouch order 1106 and selects the executing broker(s) 202.

2243) The sub advisor order management system 503 SA routes the hightouch orders 1106 to the executing broker(s) 202 for execution.

2244) Once the orders are executed by the executing brokers 202, thetrade fill data for the high touch trades 1106 is routed to the subadvisor order management system 503 SA.

2245) The sub advisor order management system 503 SA determines, whenapplicable, the allocation of shares for the sponsoring organization androutes the trade allocation data along with the trade fill data (fortrades not requiring a special allocation) for the high touch trades tothe sponsoring organization's order management system 503 SO.

2246) The sponsoring organization's order management system 503 SOroutes the trade allocation data for the sponsoring organization'sallocation of shares of the high touch trade and the trade fill data(for trades not requiring a special allocation) to the sponsoringorganization's compliance engine 506 SO.

2247) If a violation occurs (Violation=Yes), the trade allocation datafor the sponsoring organization's allocation of shares of the high touchtrade is routed for review by both the sponsoring organization 306 andthe sub advisor 301.

2248) If a violation does not occur (Violation=No), the trade allocationdata for the sponsoring organization's shares of the high touch trade isrouted to the sponsoring organization's order management system (OMS)503 SO.

2249) The sponsoring organization's order management system (OMS) 503 SOroutes the trade allocation data for the sponsoring organization'sshares of the high touch trade to the sponsoring organization's tradereconciliation system 1117. Steps 2235 through 2249 constitute the hightouch order processing loop.

2250) Returning to steps 2234 and 2239, when the high touch-low touchengine 1105 receives orders from the sub advisor order management system(OMS) 503 SA (as either the original and re-routed orders) that itdetermines will have little or no significant expected market impact,the high touch-low touch engine 1105 categorizes those orders as “lowtouch” orders 1111 that can be processed as “electronic” or “black box”orders, which computer systems can execute with virtually no humanintervention. The “low touch” order 1111 can be either original ordersor re-routed orders from the sub advisor order management system 503.

2251) The high touch-low touch engine 1105 directs low touch orders 1111that constitute an exemplary order for an exemplary fund (and thus doesnot require a trade rotation order) to the sponsoring organization 304.For example, a single order for a single fund would not require a traderotation order.

2252) The high touch-low touch engine 1105 routes trades requiring atrade order rotation to the trade order rotation engine 1112 in order todetermine a trade rotation order between the sub advisor 301 and thesponsoring organization(s) 304 and 1116. For example, an order involvingseveral sub advisor funds and several sponsoring organization fundswould require a trade rotation order. As another example, when an assetmanager places a plurality of orders in a given security for executionacross a plurality of investment portfolios, trade order rotation isrequired.

2253) The trade order rotation engine 1112 prepares trade rotationinstructions 1113 for the sub advisor 301.

2254) The trade rotation instructions 1113 are communicated to the subadvisor's order management system 503 SA via auto routing 1110 (alongsteps 2254 a and 2254 b).

2255) The trade rotation engine 1114 determines the trade rotation orderbetween a plurality of sponsoring organizations, such as the sponsoringorganization 304 and any number of additional sponsoring organizationsas represented by sponsoring organization (SO_(x)) 1116. The traderotation order could also be determined as a single trade rotation orderbetween the sub advisor 301 and sponsoring organizations 304 and 1116.

2256) The trade rotation engine 1114 prepares trade rotationinstructions 1115 for the sponsoring organizations 304 and 1116.

2257) The trade rotation instructions 1115 are communicated to thesponsoring organizations 304 and 1116.

2258) The orders are routed to the sponsoring organization's ordermanagement system (OMS) 503 SO. This step is illustrated for anexemplary sponsoring organization 306 with a similar process implementedby all sponsoring organizations (SO_(x)) 1116.

2259) The sponsoring organization's order management system (OMS) 503 SOroutes the order to the compliance engine 506 SO for evaluating theorder relative to regulatory and prospectus requirements andrestrictions.

2260) If a violation occurs (Violation=Yes), the order is stopped fromexecution and routed for review by the sponsoring organization'scompliance group (not shown) and the sub advisor's compliance group2202.

2261) If a violation does not occur (Violation=No), the order is routedto the price-liquidity-cost-quality engine 1200, which examines thecurrent market share prices, liquidity, execution cost, and qualityfactors such as expected price improvement (and execution speed) todetermine the optimal combination of executing brokers providing themost cost effective execution options.

2262) The price-liquidity-cost-quality engine 1200 communicates theoptimal cost effective order composition of executing brokers to thesponsoring organization's order management system (OMS) 503 SO.

2263) The sponsoring organization's order management system (OMS) 503 SOselects the executing brokers 202 and routes the orders for executionthrough the communications network 502.

2264) The communications network 502 directs the orders to the networkof executing brokers 302 and to the designated executing brokers 202 forexecution.

2265) The executing brokers 202 execute the trade and report the tradefills back to the communications network 502.

2266) The communications network 502 reports the trade fill reports backto the sub advisor's order management system (OMS) 503 SA.

2267) The sub advisor's order management system (OMS) 503 SA sends thetrade fill reports back to the compliance engine 506 SA for post tradecompliance review. If a violation occurs (Violation=Yes), the process asshown in steps 2230, 2231, 2232, and 2233 is implemented.

2268) If a violation does not occur (Violation=No), the complianceengine 506 SA routes the trade fill reports to the order entry system700.

2269) The order entry system 700 provides the trade fill reports to thesub advisor's trade/operations group 2201, portfolio manager 1103,compliance group 2202, and the sub advisor's 301 business supportsystems.

2270) The communications network 502 reports the trade fill reports backto the sponsoring organization's order management system (OMS) 503 SO.The sponsoring organization also performs a post-execution compliancecheck through the compliance engine 506 SO. If a violation occurs(Violation=Yes), the process is implemented as shown in steps 2246,2247, and 2248 and the sponsoring organization's compliance group (notshown) is notified.

2271) If a violation does not occur (Violation=No), the sponsoringorganization's order management system (OMS) 503 SO routes the orders tothe sponsoring organization's trade reconciliation system 1117. Steps2250 through 2271 constitute the high touch order processing loop.

Overall, as shown by the various embodiments described above, the systemand process of the present invention provide clear, substantial,quantifiable, recurring, and compounding cost savings and the resultingimproved investment performance to fund shareholders and planbeneficiaries. The present invention provides a highly desirable socialutility of considerable, recurring, and compounding shareholder and planbeneficiary savings. Indeed, a reasonably effective implementation ofthe embodiment of the present invention could easily benefit millions ofAmericans through substantially improved performance of their investmentportfolios.

FIG. 23 shows exemplary projected annual savings, based on 2005 tradedata, potentially generated by an embodiment of the present inventionfor a number of fund trusts in the variable insurance industry foraverage trade execution costs of 1.00 cent per share. Given thatsponsoring organizations (as advisor for regulatory purposes) and theassociated fund board of directors and plan investment consultants havea fiduciary responsibility to control (minimize) operating expenses,there exists a fiduciary obligation to evaluate and, if appropriate,implement any process (such as those provided by the system of thepresent invention) that provides substantial, recurring, andquantifiable cost savings and improved performance to fund shareholdersand plan beneficiaries.

Furthermore, the savings to the fund shareholder and plan beneficiariesoccur each year that the funds and accounts utilize the system andprocess of the present invention. Thus, these benefit of these savingscompound and become increasingly more valuable over time. FIGS. 24A,24B, 24C, and 24D represent a compilation of research for four popularfund trusts (groups of funds) with $38.7 BB, $12.7 BB, $6.7 BB, and $5.3BB in assets, and shows exemplary total compounded shareholder savingsand resulting improved investment performance, at an average executioncost of 1.00 cent per share, over a 1, 3, 5, and 10 year period. Suchimproved performance could, potentially, improve the decile (ranking bytenths) or quartile (ranking by quarter) performance ratings of thesefunds relative to their peers (who are not utilizing the embodiment ofthe present invention). Given that these investment portfolios areassociated with personal goals for each fund shareholder and planbeneficiary such as a comfortable retirement, higher education, andimproved health care, the social utility created by the embodiment ofthe present invention is potentially dramatic for millions of Americans.

For illustration purposes, portions of this specification describe thepresent invention in the context of variable insurance (includingvariable fund LLCs and registered investment companies (RICs), mutualfund, or pension plan market). However, as one of ordinary skill in theart would appreciate, the systems and methods described herein applyequally well to other similar markets, such as a sub advised mutual fundmarket, the defined contribution market, 529 plans, hedge funds,collective investments, deferred compensation plans, institutionalaccounts, separate accounts of insurance companies, defined benefitpension plans, endowments, and trusts. For that reason, andnotwithstanding the particular benefits associated with using thepresent invention in connection with the variable insurance or pensionplan markets, the system and method described herein should beconsidered broadly applicable to any market in need of centralizedportfolio management, directed brokerage control, and/or direct andautomated compliance monitoring by the sponsoring organization withprimary regulatory responsibility for a given sub advised pool ofassets.

The foregoing disclosure of the preferred embodiments of the presentinvention has been presented for purposes of illustration anddescription. It is not intended to be exhaustive or to limit theinvention to the precise forms disclosed. Many variations andmodifications of the embodiments described herein will be apparent toone of ordinary skill in the art in light of the above disclosure. Thescope of the invention is to be defined only by the claims appendedhereto, and by their equivalents.

Further, in describing representative embodiments of the presentinvention, the specification may have presented the method and/orprocess of the present invention as a particular sequence of steps.However, to the extent that the method or process does not rely on theparticular order of steps set forth herein, the method or process shouldnot be limited to the particular sequence of steps described. As one ofordinary skill in the art would appreciate, other sequences of steps maybe possible. Therefore, the particular order of the steps set forth inthe specification should not be construed as limitations on the claims.In addition, the claims directed to the method and/or process of thepresent invention should not be limited to the performance of theirsteps in the order written, and one skilled in the art can readilyappreciate that the sequences may be varied and still remain within thespirit and scope of the present invention.

What is claimed is:
 1. A computer-implemented method of trade orderrouting among a sponsoring organization, an asset manager, and aplurality of executing brokers, the method comprising: receiving tradeorders at a high touch-low touch engine, the trade orders receivedthrough a computer-based order management system using an industrycommunications protocol, the trade orders each containing datacorresponding to an order from the asset manager, and the dataincorporating data from an account of the sponsoring organization in theorder management system and including data of asset name and number ofasset units, wherein at least one of the order management system and thehigh touch-low touch engine provides a computer-based graphical userinterface and associated software program to asset managers, wherein theorder management system is in communication with a plurality of firstexecuting brokers designated by the asset manager, and a plurality ofsecond executing brokers designated by the sponsoring organization, andwherein the first and second executing brokers each operate a respectivesoft dollar administration system that records execution costs, softdollar costs, and total execution costs associated with the assetmanager; determining, with the high touch-low touch engine, for eachtrade order, whether the data corresponding to the order from the assetmanager indicates a low touch order expected to have low market impactor a high touch order expected to have high market impact; when the datacorresponding to the order from the asset manager indicates a high touchorder: formatting, by the high touch-low touch engine using the industrycommunications protocol, the each trade order as a high touch tradeorder instructing routing of the high touch order to the plurality offirst executing brokers, and routing the high touch order to a firstexecuting broker of the plurality of first executing brokers, forexecution of the high touch order by the first executing broker, and fordetermination, by the soft dollar administration system of the firstexecuting broker, of a first total execution cost for the high touchorder for the sponsoring organization's account in the order managementsystem based on a sum of the recorded execution and soft dollar costsassociated with the asset manager; and when the data corresponding tothe order from the asset manager indicates a low touch order:formatting, by the high touch-low touch engine using the industrycommunications protocol, the each trade order as a low touch trade orderinstructing routing of the low touch order to the plurality of secondexecuting brokers, and routing the low touch order to a second executingbroker of the plurality of second executing brokers, for execution ofthe low touch order by the second executing broker, and fordetermination, by the soft dollar administration system of the secondexecuting broker, of a second total execution cost for the low touchorder for the sponsoring organization's account in the order managementsystem based on the recorded execution cost associated with the assetmanager.
 2. The method of claim 1, further comprising receiving from thefirst executing broker a report that indicates execution of the hightouch order and the first total execution cost.
 3. The method of claim1, further comprising receiving from the second executing broker areport that indicates execution of the low touch order and the secondtotal execution cost.
 4. The method of claim 1, wherein the ordermanagement system is the asset manager's order management system.
 5. Themethod of claim 1, wherein determining whether the data corresponding tothe order from the asset manager indicates a low touch order expected tohave low market impact or a high touch order expected to have highmarket impact, comprises applying logical rules to market data todetermine an expected market impact of the trade order.
 6. The method ofclaim 1, further comprising reviewing, by the order management system,the trade order using a rules-based compliance engine to preventcompliance violations.
 7. The method of claim 1, further comprisingexecuting, by the first executing broker, the high touch order.
 8. Themethod of claim 1, further comprising executing, by the second executingbroker, the low touch order.
 9. The method of claim 1, furthercomprising conducting, by a compliance system associated with the ordermanagement system, a rules-based compliance review of a trade order forcompliance violations prior to the trade order being sent to the hightouch-low touch engine.
 10. The method of claim 1, further comprisingconducting, by a compliance system associated with the order managementsystem, a rules-based compliance review of the low touch order forcompliance violations prior to sending the low touch order to the secondexecuting broker.
 11. The method of claim 1, further comprisingconducting, by a compliance system associated with the order managementsystem, a rules-based compliance review of the high touch order forcompliance violations prior to sending the high touch order to the firstexecuting broker.
 12. The method of claim 1, further comprisingconducting, by a compliance system associated with the order managementsystem, a pre-trade compliance process that at least one of suspends andcancels a trade order determined to violate compliance rules and thatreleases a previously suspended trade order that no longer violatescompliance rules.
 13. A system for trade order routing among asponsoring organization, an asset manager, and a plurality of executingbrokers, the system comprising: a computer-based order managementsystem; and a computer-based high touch-low touch engine incommunication with the order management system, wherein the ordermanagement system is in communication via a computer network withcomputer-based trading systems and computer-based soft dollaradministration systems of the plurality of executing brokers, whereinthe high touch-low touch engine receives through the order managementsystem trade orders each containing data corresponding to an order fromthe asset manager, the data incorporating data from an account of thesponsoring organization in the order management system and includingdata of asset name and number of asset units, wherein at least one ofthe order management system and the high touch-low touch engine providesa computer-based graphical user interface and associated softwareprogram to asset managers, wherein the order management system is incommunication with a plurality of first executing brokers designated bythe asset manager, and a plurality of second executing brokersdesignated by the sponsoring organization, wherein the first and secondexecuting brokers each operate a respective soft dollar administrationsystem that records execution costs, soft dollar costs, and totalexecution costs associated with the asset manager, wherein the hightouch-low touch engine determines, for each trade order, whether thedata corresponding to the order from the asset manager indicates a lowtouch order expected to have low market impact or a high touch orderexpected to have high market impact, wherein when the high touch-lowtouch engine determines, for the each trade order, that the datacorresponding to the order from the asset manager indicates a high touchorder: the high touch-low touch engine formats, using an industrycommunications protocol, the each trade order as a high touch tradeorder instructing routing of the high touch order to the plurality offirst executing brokers, and the order management system routes the hightouch order to a first executing broker of the plurality of firstexecuting brokers, for execution of the high touch order by the firstexecuting broker, and for a determination, by the soft dollaradministration system of the first executing broker, of a first totalexecution cost for the high touch order for the sponsoringorganization's account in the order management system based on a sum ofthe recorded execution and soft dollar costs associated with the assetmanager, and wherein when the high touch-low touch engine determines,for the each trade order, that the data corresponding to the order fromthe asset manager indicates a low touch order: the high touch-low touchengine formats, using the industry communications protocol, the eachtrade order as a low touch trade order instructing routing of the lowtouch order to the plurality of second executing brokers, and the ordermanagement system routes the low touch order to a second executingbroker of the plurality of second executing brokers, for execution ofthe low touch order by the second executing broker, and for adetermination, by the soft dollar administration system of the secondexecuting broker, of a second total execution cost for the low touchorder for the sponsoring organization's account in the order managementsystem based on the recorded execution cost associated with the assetmanager.
 14. The system of claim 13, further comprising the firstexecuting broker and the second executing broker.
 15. The system ofclaim 13, wherein the high touch-low touch engine determines whether thedata corresponding to the order from the asset manager indicates a lowtouch order expected to have low market impact or a high touch orderexpected to have high market impact by applying logical rules to marketdata to determine an expected market impact of the trade order.
 16. Thesystem of claim 13, wherein the order management system reviews thetrade order using a rules-based compliance engine to prevent complianceviolations.
 17. The system of claim 13, wherein a compliance systemassociated with the order management system conducts a rules-basedcompliance review of the each trade order for compliance violationsprior to routing the each trade order to the high touch-low touchengine.
 18. The system of claim 13, wherein a compliance systemassociated with the order management system conducts a rules-basedcompliance review of the low touch order for compliance violations priorto sending the low touch order to the second executing broker, andconducts a rules-based compliance review of the high touch order forcompliance violations prior to sending the high touch order to the firstexecuting broker.
 19. The system of claim 13, wherein the ordermanagement system receives from the first executing broker a report thatindicates execution of the high touch order and the first totalexecution cost, and receives from the second executing broker a reportthat indicates execution of the low touch order and the second totalexecution cost.
 20. A computer-implemented method of trade order routingamong a sponsoring organization, an asset manager, and a plurality ofexecuting brokers, the method comprising: generating trade orders at anorder management system, the trade orders each containing datacorresponding to an order from the asset manager, and the dataincorporating data from an account of the sponsoring organization in theorder management system and including data of asset name and number ofasset units, wherein the order management system provides acomputer-based graphical user interface and associated software programto asset managers, wherein the order management system is incommunication with a plurality of first executing brokers designated bythe asset manager, and a plurality of second executing brokersdesignated by the sponsoring organization, and wherein the first andsecond executing brokers each operate a respective soft dollaradministration system that records execution costs, soft dollar costs,and total execution costs associated with the asset manager; when thedata corresponding to the order from the asset manager indicates a hightouch order expected to have high market impact: formatting, using anindustry communications protocol, the each trade order as a high touchorder instructing routing of the high touch order to the plurality offirst executing brokers, and routing the high touch order to a firstexecuting broker of the plurality of first executing brokers, forexecution of the high touch order by the first executing broker, and fordetermination, by the soft dollar administration system of the firstexecuting broker, of a first total execution cost for the high touchorder for the sponsoring organization's account in the order managementsystem based on a sum of the recorded execution and soft dollar costsassociated with the asset manager; and when the data corresponding tothe order from the asset manager indicates a low touch order expected tohave low market impact: formatting, using an industry communicationsprotocol, the each trade order as a low touch order instructing routingof the low touch order to the plurality of second executing brokers, androuting the low touch order to a second executing broker of theplurality of second executing brokers, for execution of the low touchorder by the second executing broker, and for determination, by the softdollar administration system of the second executing broker, of a secondtotal execution cost for the low touch order for the sponsoringorganization's account in the order management system based on therecorded execution cost associated with the asset manager.